업무상횡령
A defendant shall be punished by imprisonment for two years.
An application filed by an applicant for compensation shall be dismissed.
Punishment of the crime
On October 23, 2011, the defendant was appointed as the representative director of the victim E, a corporation with the victim's first floor D in the Dae-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu,
On October 10, 2012, the Defendant voluntarily withdrawn KRW 150,000,000, which is kept in the said agricultural cooperative account at the agricultural cooperative branch located in Seoyangdong-gu Daejeon, and deposited KRW 135,000,000 in the post office account (Account Number: H) in the name of G used by the Defendant, and used the remainder as the director’s expense.
On October 1, 2012, the Defendant withdrawn KRW 61,200,000, which is kept in the said Agricultural Cooperative Account at the same place, and around that time, deposited KRW 39,00,000 in the post office account under the name of G, and used the remainder at his own discretion.
Accordingly, the Defendant embezzled total of KRW 211,200,000.
Summary of Evidence
1. Statement made by C by a witness in the third protocol of trial;
1. Legal statement of a witness I;
1. Examination protocol of the accused by the prosecution (includingC statements);
1. Police suspect interrogation protocol of the accused (includingC and I statements);
1. Statement to C by the police;
1. Application of statutes on details of financial transactions;
1. Determination as to the assertion of the Defendant and the defense counsel under the relevant law on criminal facts and Articles 356 and 355(1) of the Criminal Act regarding the choice of punishment
1. Around December 2011, the Defendant: (a) borrowed KRW 150 million from I to deposited the account in the name of E Co., Ltd. (hereinafter “E”); and (b) was aware that the said money could be returned at any time.
Accordingly, the Defendant is merely a withdrawal from the NA’s account in the name of E to receive the above money.
The defendant, as the representative director of E, has been urged to pay debt from the trader and has withdrawn and kept 61.2 million won from the Agricultural Cooperative Account under the name of E in order to avoid provisional seizure, etc. of creditors, and the defendant thereafter on October 12, 2012.